Job Discussion Forums

[cndgirl]

Hi all,

I'm close to signing a contract in South Korea and wondering if anyone out there would be willing to give it a once-over and let me know if they see any immediate red flags/needed additions/etc. before I sign on the dotted line. I was told most things, except the salary and alternate Saturdays are negotiable, but I do not have a problem with those aspects.

It's a little long, but if you're willing to help out, a thousand thank yous in advance!! Here is the contract in full:

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day, 30th July, 2005 between... (hereinafter referred to as the "Employer") and..., a citizen of Canada, Passport no.: ..., (hereinafter referred to as the "Employee"). The Employee will teach English..... . The Employee is hereby hired by the Employer and both parties agree on the following terms and conditions:


I. Period of Employment

The total agreement term is __12____ months, commencing from the date of arrival in Korea.
The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.


II. Conditions of Employment

Employee�s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1. EFL instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation (40 min. prior to first class).
1.8. Cooperation with the President in all aspects of employment.
1.9. Other related activities.

2. Working hours

2.1. Classes will be held from Monday to Friday (or Saturday, with Friday off) during regular sessions and from Monday to Friday during intensive summer (July-August) and winter (December-January) sessions.

2.2. The Employee will be required to work at the times the Employer shall direct.

2.3. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3. Salary and Overtime

3.1. The Employee will be guaranteed (1,900,000) Won per month (before taxes) for teaching (110) hours or (165) classes per month (1 class = 40 min.). This is to be considered as the Employee�s contract hours.

3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (13,400) Won per (40) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.

3.3. The salary will be paid on the 10th day of each teaching month.

3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute�s curriculum and the Employee�s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay, which is equivalent to his/her monthly salary of (1,900,000) Won.

5. Benefits

5.1. Housing
(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute.

(b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.

(c) The Employer will also provide furnishings which will include: bed, table, chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set and some bedding (pillow, comforter, sheets).

(d) The costs of all utilities (gas, water, electricity, cable TV, telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave
The Employee will have:

(a) paid short-term breaks between sessions as determined by the Employer (in total approximately 10 days).
If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation;

(b) paid statutory/ public holidays detailed in a yearly calendar
(in total approximately 12 days);

(c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the President. The Employee will bear the cost of transportation.

5.3. Health Insurance

The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.4. Transportation

The Employer will purchase for the Employee a one-way economy class air ticket to Korea from Toronto, Canada. After completing a one-year contract, the Employee will be provided with a return economy class air ticket back to Toronto, Canada.

5.5. Visa Sponsorship

If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip ship ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee�s monthly salary:

A. Income tax required by the Korean Tax Law (up to 5%);
B. Health Insurance (at present 3%);
C. 100,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.


IV. Employee�s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:

Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;

Making sexual advances towards or entering into relationships with the students or employees of the Institute;

Using bad language in class that would offend or discredit students, the staff and the Institute.

Not following scheduled class timetables, canceling, starting classes late without the prior approval of the academic director.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.

B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.


VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.

B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee�s duties.

C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the -President�s approval before doing so. Failure to comply with this rule may result in immediate dismissal.

VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the President.
The Employee fails to conduct himself/herself in a professional manner (as described in Employee�s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.

The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.

The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.

The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter�s fee, housing deposit and other expenses
(if applicable).

VIII. Understanding

Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of Teachers� Manual are to be incorporated to be part of this employment contract.

The Employer and the Employee have executed this agreement and appended their signatures on the date below:

xxxxxxxx
cheers!

[tedkarma]

You might get much better feedback on the Korea forums.

Otherwise: 1.9 seems a little low - but if it is a nice place to work is fine. Shared accommodation is NOT a good idea.

Realize that in Korea contracts are rather "flexible" - so hope, but don't expect it to be followed to the letter.

[Mr. Kalgukshi]

Separate registration is required for the Korean Forum. If you haven't already registered there, please send email to [email protected] and indicate your interest in becoming a member on that forum.

Good luck.

[cndgirl]

Great, thanks I will definitely register for the Korea forums and try my hand at gathering some advice there.

Thanks so much!